i produced my own separation agreement and the wife signed it, she was not in front of a notary at the time as i was told it wasn't necessary. 18 months later filing for divorce her lawyer claims my agreement is void because she was not in front of a notary. The only reason being is she now wants alimony after 18 months of abiding by the agreement.
Yes, it did need to be notarized in order to be valid.
Yes. For many contracts, notarization is not a prerequisite for validity, but in the matter of separation agreements under North Carolina law, notarization is required. Thus, the agreement should be witnessed in the presence of a notary, courthouse clerk, magistrate, or judge. The statute Attorney Killian included in her answer might be useful as a reference. Best wishes to you this spring.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline